Legal Question in Insurance Law in Kansas

Death Benefit

My mother went on long term disability from her Company on August 27, 2003. She was approved for 30 months of disability income. She passed away on April 14, 2005 - 20 months after becoming disabled from cancer. She was never terminated from her company. I was told a few days after her death by her Human Resources Director that her Company insured death benefit (basic life 1 x yearly salary) had terminated on February 19, 2005 and had a grace period until March 19, 2005. He said I should have received a portability notification and encouraged me to take this matter up with the home office. Since that time, I have been waiting for a review board within the Company to review my case due to the fact that my mother was still an employee of this company until the day she died. I contact them almost monthly and have sent all the letters they have requested explaining my situation and am continually being told the ''Review Board hasn't met yet''. What should I do?

Asked on 10/03/05, 5:24 pm

1 Answer from Attorneys

Jim Wisler James L. Wisler Law Offices

Re: Death Benefit

I suggest you hire a lawyer to review this. Clearly the company is dragging its feet. You will probably get a denial. You should be prepared to appeal that and eventually file suit on the insurance contract. It is probably a policy under the Federal ERISA laws, which controls the procedure. Were you your mother's guardian and conservator while she was ill. Did the company have your name and address to send notices to. All these are relevant questions. In short, get a lawyer.

If you wish to discuss this further, please call or email me.

Jim Wisler

Wisler Law Offices

1311 Wakarusa Drive, Suite 2200

Lawrence, KS 66049


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Answered on 10/03/05, 5:42 pm

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